BASHIR AHMAD Versus THE STATE

ORDER

The facts of the case are that the petitioner asked Mst. Farhat Bibi, a girl of eight years to accompany him as he had to send money through her in some house. The witnesses found the two in the fields and when they identified the girl and enquired from the petitioner why he had brought her to the fields he asked for pardon and slipped away. The prosecution case is that the petitioner had taken away the girl in order to commit rape upon her in the fields.

2. It has been argued by the learned counsel for the petitioner that the petitioner is of sufficient age having wife and children so it is not believable that he wanted to commit rape upon a girl of 8 years, and for this purposes took her away from the lawful guardianship. At present there is no material on the record to show that the intention of the petitioner in taking away the girl was to commit rape upon her. No such thing is mentioned in the F. I. R. which may show that this was the intention. There is no allegation that in the way or in the fields the petitioner showed any indecency towards the girl. The petitioner is the neighbour of the parents of the girl and thus was known to them. He knew that the girl of 8 years would be definitely injured if he committed rape upon her and that he was not likely to avoid the detection. The report was made after 28 hours. Nothing is to be recovered from the petitioner and thus his person is not required for the investigation of the case. In the circumstance of the case it will be hardship to the petitioner if he is arrested and sent to the judicial lock‑up before the charge is proved against him and he is convicted.

3. For the reasons given above, I come to the conclusion that this is a fit case for bail before arrest. The interim bail granted to the petitioner on 22‑7‑1974, therefore, is confirmed and he is directed to join the investigation.

Ball granted.